This blog is originally appeared at LGBTQ Nation

With rising concerns about the stability of Obergefell, states nationwide are moving quickly to safeguard protections for LGBTQ+ residents.

Since the overturning of Roe v. Wade has created a national crisis in abortion access, fears have surged within the LGBTQ+ community and among allies that marriage equality could face a similar fate. Several conservative voices have indicated a desire to revisit Obergefell v. Hodges, the ruling that legalized same-sex marriage nationwide, with Justice Clarence Thomas openly suggesting it merits reconsideration.

In response, states across the country are working to place marriage equality measures on their ballots to help secure protections if Obergefell is ever overturned. In this upcoming election, three states will feature ballot measures addressing marriage equality.

California: Proposition 3

On the California ballot, Proposition 3 aims to repeal Proposition 8, a 2008 measure that restricted marriage to unions between a man and a woman. Although the Supreme Court ruled Proposition 8 unconstitutional in 2013, it remains embedded in California’s Constitution. Should Obergefell be overturned, California’s existing constitutional language would once again restrict same-sex marriage.

The ballot text states:

• A YES vote: Updates the California Constitution’s language to reflect current marriage laws, with no change to who can marry.
• A NO vote: Maintains the existing language, with no change to who can marry.

Supporters of Prop 3 emphasize the urgency of enshrining marriage equality in California’s Constitution. “In California, we believe in the fundamental right to marry the person you love,” said State Sen. Toni Atkins (D). “With civil rights under attack across the nation, the time to act is now.”

California Rep. Robert Garcia (D) added, “Prop 3 is about defending equality for all. As ballots go out, I urge every Californian to vote yes and stand with us in supporting love and respect for all.”

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Colorado: Amendment J

In Colorado, Amendment J seeks to remove language in the state’s Constitution defining marriage exclusively as a union between a man and a woman. The amendment’s ballot language reads:

• A YES vote: Removes the clause limiting marriage to heterosexual unions.
• A NO vote: Retains the existing constitutional language on marriage.

However, Amendment J does not introduce new protections, leaving marriage equality ambiguous. “It’s our responsibility to uphold justice and equality in our Constitution,” said State Sen. Joann Ginal (D), who sponsored the measure. “While protections exist now, our Constitution still contains outdated language.”

State Sen. Sonya Jaquez Lewis (D) shared that “our LGBTQ community fears the potential rollback of their rights.”

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Hawaii: Question 1

Hawaii’s Question 1, also known as the “Hawaii Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment,” proposes removing a 1998 provision that permits the legislature to restrict marriage to heterosexual couples. Same-sex marriage is currently legal in Hawaii, but if Obergefell is overturned, this constitutional language could threaten it.

The ballot language reads:

• A YES vote: Removes the legislature’s authority to limit marriage to opposite-sex couples.
• A NO vote: Retains the legislature’s authority to limit marriage.

Governor Josh Green (D) expressed his support for Question 1, stating, “Our Constitution should protect the civil rights of all Hawaiians. Voting yes on this amendment advances equality for our LGBTQ+ community.” U.S. Senator Brian Schatz echoed this sentiment, saying, “Hawai’i’s Constitution should reflect our values of diversity and dignity for all, which is why I’m voting yes on Question 1.”

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These ballot measures reflect a nationwide effort to protect marriage equality amid uncertainty around the future of Obergefell, as states work to ensure protections for LGBTQ+ residents.